Bombay High Court on Wednesday observed that we understand the bond between grandmother and grandchild is special, but it cannot replace the natural bond between biological parents and the child. The court directed the maternal grandmother to hand over the custody of the 12-year old boy to his biological parents immediately.
The couple moved Bombay High Court earlier this year after the grandmother of the child refused to part herself with the grandson.
The couple submitted that the mother of the child had been unwell and was advised bed rest. In 2019, she temporarily moved to her maternal home in Nashik with her son.
The child was admitted to a school there and after she recovered, they were planning to move back to Pune for the academic session 2020-2021. But, they could not move due to the arrival of Covid-19 pandemic.
The mother of the child moved to Pune in May 2020 whereas the child was still attending his online classes from Nashik. He was admitted to international school in Pune.
A few days later, the couple visited Nashik to take the child back with them to which the grandmother disagreed. She complained to the police and child welfare committee claiming that there was an ongoing matrimonial dispute between the couple which is going to affect the mental health of the child adversely.
A division bench comprising Justice SS Shinde and Justice Manish Pitale accepted the couple’s contention and observed, ” the ordinary comfort of the child, his contentment, health, education, physical, moral and intellectual development, upbringing and well-being, as also his future certainly lies with his parents.”
The court also took note of the fact that the father of the child was an electrical engineer at a senior post in a multinational company, whereas grandmother did not appear to be educated and her financial condition also did not appear to be sound.
